34.
The Court received documents presented as evidence by the Commission and the
parties along with their main briefs (supra paras. 1, 5, and 6). In this case, as in others,
the Court admits documents presented at the appropriate time, by the parties and the
Commission, whose admissibility was not contested or challenged. 15 In addition, the
Court received and hereby admits the expert opinion of Marcella da Fonte Carvalho,
proposed by the State. It is noted that on August 7, 2019, the Commission withdrew the
expert evidence it had offered and whose admission had been ordered in the July 23,
2019 Presidential Resolution (supra para. 8).
VI
FACTS
35.
The facts of this case concern the deprivation of liberty of Mr. Carranza during a
criminal trial against him. The Court notes that there is no dispute as to the facts. The
statements made by the Commission, the representative, and the State regarding those
facts are in substantial agreement. Consequently, the Court considers them established,
based on the statements made by the Commission, the representative, and the State in
their main briefs (supra paras. 1, 5, and 6), which are consistent with the evidence
presented. Those facts are described below.
A) Beginning of actions and detention of Mr. Carranza
36.
On August 17, 1993, the superintendent in charge of the police station in the
canton of Yaguachi, province of Guayas, ordered a preliminary investigation and issued
an indictment against Mr. Carranza and one other person. These actions were prompted
by events two days before, when a man had died of a gunshot wound, an incident
witnessed by several people. The superintendent ordered the Rural Police to “apprehend”
Mr. Carranza and the other person because “they were fugitives.” With regard to this,
the State indicated that both “fled” on August 15, 1993, after the referenced
events took place on that day. 16 In addition, based on Article 177 of the Code of
Criminal Procedure, the superintendent ordered the “preventive detention” of Mr.
Carranza and the other person being charged.
37.
Article 177 of the Code of Criminal Procedure (hereinafter CCP), as the Court has
already had occasion to note,
established that the judge, “when he or she believes it to be necessary,” could order preventive
detention when the following procedural facts exist: a) indications of a crime meriting a prison
sentence, and b) indications that the defendant is a perpetrator or accomplice of the crime being
prosecuted. Furthermore, the same article ordered that “the order specify the indications on which the
detention is based.” 17
15
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 140, and Case of Jenkins v. Argentina.
Preliminary Objections, Merits, Reparations, and Costs. Judgment of November 26, 2019. Series C No. 397,
para. 38.
16
According to the description of events in the August 17, 1993 “indictment,” Mr. Carranza fled on
horseback right after the shots were fired on the 15th of the month (cf. August 17, 1993, Indictment. Evidence
file, annex 2 of the Merits Report, folios 402 to 405).
Case of Chaparro Álvarez and Lapo Íñiguez v. Ecuador, para. 104. In the Merits Report, the
Commission referred to the indicated judgment when describing the text from Article 177. Furthermore, the
Court understands that the text of the CCP is a public fact.
17
10